AB207: Bill Text Engrossed

AB207-engrossed,32,11 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing cable video service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:

AB207-engrossed, s. 21 Section 21. 66.0422 (3) (b) of the statutes is amended to read:

AB207-engrossed,32,19 66.0422 (3) (b) A majority of the governing board of the local government votes to submit the question of supporting the operation of the facility for providing cable video service, telecommunications service, or Internet access service, directly or indirectly to the public, by the local government to the electors in an advisory referendum and a majority of the voters in the local government voting at the advisory referendum vote to support operation of such a facility by the local government.

AB207-engrossed, s. 22 Section 22. 66.0422 (3n) of the statutes is amended to read:

AB207-engrossed,32,22 66.0422 (3n) Subsection (2) does not apply to a local government that, on March 1, 2004, was providing cable video service to the public.

AB207-engrossed, s. 23 Section 23. 70.111 (25) of the statutes is amended to read:

AB207-engrossed,33,3 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station, television station, or cable television system video service network, as defined in s. 66.0419 (2) (d) 66.0420 (2) (zb).

AB207-engrossed, s. 24 Section 24. 76.80 (3) of the statutes is amended to read:

AB207-engrossed,33,9 76.80 (3) "Telecommunications services" means the transmission of voice, video, facsimile or data messages, including telegraph messages, except that "telecommunications services" does not include cable television video service, as defined in s. 66.0420 (2) (y), radio, one-way radio paging or transmitting messages incidental to transient occupancy in hotels, as defined in s. 254.61 (3).

AB207-engrossed, s. 25 Section 25. 77.52 (2) (a) 12. of the statutes is amended to read:

AB207-engrossed,33,12 77.52 (2) (a) 12. The sale of cable television system services, or video services, as defined in s. 66.0420 (2) (y), including installation charges.

AB207-engrossed, s. 26 Section 26. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act 458, is amended to read:

AB207-engrossed,33,15 100.195 (1) (c) 2. Telecommunications services or cable television services.

AB207-engrossed, s. 27 Section 27. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act 458, is repealed and recreated to read:

AB207-engrossed,33,18 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).

AB207-engrossed, s. 27d Section 27d. 100.209 (title) of the statutes is amended to read:

AB207-engrossed,33,21 100.209 (title) Cable television Video programming service subscriber rights.

AB207-engrossed, s. 27h Section 27h. 100.209 (1) (a) and (b) of the statutes are repealed.

AB207-engrossed, s. 27k Section 27k. 100.209 (1) (c) and (d) of the statutes are created to read:

AB207-engrossed,34,3 100.209 (1) (c) "Multichannel video provider" means an interim cable operator, as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or multichannel video programming distributor, as defined in 47 USC 522 (13).

AB207-engrossed,34,4 (d) "Video programming" has the meaning given in s. 66.0420 (2) (x).

AB207-engrossed, s. 27p Section 27p. 100.209 (2) of the statutes is amended to read:

AB207-engrossed,34,9 100.209 (2) Rights. (a) A cable operator multichannel video provider shall repair cable video programming service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a natural disaster.

AB207-engrossed,34,14 (b) Upon notification by a subscriber of a service interruption, a cable operator multichannel video provider shall give the subscriber a credit for one day of cable video programming service if cable video programming service is interrupted for more than 4 hours in one day and the interruption is caused by the cable operator multichannel video provider.

AB207-engrossed,34,19 (bm) Upon notification by a subscriber of a service interruption, a cable operator multichannel video provider shall give the subscriber a credit for each hour that cable video programming service is interrupted if cable video programming service is interrupted for more than 4 24 hours in one day and the interruption is not caused by the cable operator multichannel video provider.

AB207-engrossed,34,25 (c) A cable operator multichannel video provider shall give a subscriber at least 30 days' advance written notice before deleting a program service from its cable video programming service. A cable operator multichannel video provider is not required to give the notice under this paragraph if the cable operator multichannel video provider makes a channel change because of circumstances beyond the control of the cable operator multichannel video provider.

AB207-engrossed,35,2 (d) A cable operator multichannel video provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

AB207-engrossed,35,5 (e) 1. A cable operator multichannel video provider may not disconnect a subscriber's cable video programming service, or a portion of that service, for failure to pay a bill until the unpaid bill is at least 45 days past due.

AB207-engrossed,35,13 2. If a cable operator multichannel video provider intends to disconnect a subscriber's cable video programming service, or a portion of that service, the cable operator multichannel video provider shall give the subscriber at least 10 days' advance written notice of the disconnection. A cable operator multichannel video provider is not required to give the notice under this subdivision if the disconnection is requested by the subscriber, is necessary to prevent theft of cable video programming service or is necessary to reduce or prevent signal leakage, as described in 47 CFR 76.611.

AB207-engrossed, s. 27t Section 27t. 100.209 (3) of the statutes is amended to read:

AB207-engrossed,35,19 100.209 (3) Rules and local ordinances orders allowed. This section does not prohibit the department from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).

AB207-engrossed, s. 28c Section 28c. 134.43 (1) of the statutes is renumbered 134.43 (1m) and amended to read:

AB207-engrossed,36,2 134.43 (1m) (a) Upon the request of the a subscriber, each cable television connection capable of transmitting a message from the cable the subscriber's equipment shall be fitted with a device under the control of the subscriber that enables the subscriber to prevent reception and transmission of messages identified in par. (b) by the subscriber's cable equipment.

AB207-engrossed,36,5 (b) The device in par. (a) shall control all messages received and transmitted by the subscriber's cable equipment except messages recurring at constant intervals, including those related to security, fire, and utility service.

AB207-engrossed,36,8 (c) Each cable television Each multichannel video provider shall notify each subscriber shall be notified in writing by the person providing the cable television service of the opportunity to request the device under par. (a).

AB207-engrossed,36,10 (d) No cable television subscriber may be required to pay any extra fee for the installation and operation of a device requested under par. (a).

AB207-engrossed, s. 28g Section 28g. 134.43 (1g) of the statutes is created to read:

AB207-engrossed,36,12 134.43 (1g) In this section:

AB207-engrossed,36,14 (a) "Equipment" means equipment provided by a multichannel video provider that enables a subscriber to receive video programming.

AB207-engrossed,36,17 (b) "Multichannel video provider" means an interim cable operator, as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or multichannel video programming distributor, as defined in 47 USC 522 (13).

AB207-engrossed,36,19 (c) "Subscriber" means a person who subscribes to video programming provided by a multichannel video provider.

AB207-engrossed,36,20 (d) "Video programming" has the meaning given in s. 66.0420 (2) (x).

AB207-engrossed, s. 28n Section 28n. 134.43 (1m) (e) of the statutes is created to read:

AB207-engrossed,36,23 134.43 (1m) (e) This subsection does not apply to a multichannel video provider that provides video programming via Internet protocol technology.

AB207-engrossed, s. 28r Section 28r. 134.43 (2) (a) of the statutes is amended to read:

AB207-engrossed,37,2 134.43 (2) (a) Monitor the subscriber's cable equipment or the use of it, except to verify the system's integrity or to collect information for billing of pay services.

AB207-engrossed, s. 28w Section 28w. 134.43 (2m) (a) of the statutes is amended to read:

AB207-engrossed,37,10 134.43 (2m) (a) A person may supply the name, address , or other information identifying a cable television subscriber or member of the subscriber's household to another person if the person receiving the information uses it only for billing of pay services or to send listings of cable television video programming programs to the subscriber and if the subscriber is notified in writing of that supplying of information, given the opportunity to object to that supplying and does not object to that supplying.

AB207-engrossed, s. 30 Section 30. 182.017 (1) of the statutes is renumbered 182.017 (1r) and amended to read:

AB207-engrossed,38,3 182.017 (1r) Right-of-way for. Any domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, an independent system operator, as defined in s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1) (dm), or a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service or a cooperative organized under ch. 185 to transmit heat, power or electric current to its members, company may, subject to ss. 30.44 (3m), 30.45, 86.16, and 196.491 (3) (d) 3m. and to reasonable regulations made by any city, village or town municipality through which its transmission lines or systems may pass, construct and maintain such lines or systems with all necessary appurtenances in, across or beneath any public highway or bridge or any stream or body of water, or upon any lands of any owner consenting thereto, and for such purpose may acquire lands or the necessary easements; and may connect and operate its lines or system with other lines or systems devoted to like business, within or without this state, and charge reasonable rates for the transmission and delivery of messages or the furnishing of heat, power, or electric light.

AB207-engrossed, s. 31 Section 31. 182.017 (1g) of the statutes is created to read:

AB207-engrossed,38,5 182.017 (1g) Definitions. In this section:

AB207-engrossed,38,6 (a) "Commission" means the public service commission.

AB207-engrossed,38,7 (b) "Company" means any of the following:

AB207-engrossed,38,10 1. A domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power, or electric current to the public or for public purposes.

AB207-engrossed,38,11 2. An independent system operator, as defined in s. 196.485 (1) (d).

AB207-engrossed,38,12 3. An independent transmission owner, as defined in s. 196.485 (1) (dm).

AB207-engrossed,38,14 4. A cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service.

AB207-engrossed,38,16 5. A cooperative association organized under ch. 185 to transmit heat, power, or electric current to its members.

AB207-engrossed,38,17 6. An interim cable operator, as defined in s. 66.0420 (2) (n).

AB207-engrossed,38,18 7. A video service provider, as defined in s. 66.0420 (2) (zg).

AB207-engrossed,38,19 (c) "Municipality" means a city, village, or town.

AB207-engrossed, s. 32 Section 32. 182.017 (3) of the statutes is amended to read:

AB207-engrossed,39,5 182.017 (3) Abandoned lines removed. The public service commission after a public hearing as provided in s. 196.26, and subject to the right of review as provided in ch. 227, may declare any line to have been abandoned or discontinued, if the facts warrant such finding. Whenever such a finding shall have been made the corporation company shall remove such line, and on failure for 3 months after such finding of abandonment or discontinuance, any person owning land over, through or upon which such line shall pass, may remove the same, or the supervisors of any town within which said lines may be situated, may remove the said lines from the limits of its highways, and such person or supervisors shall be entitled to recover from the company owning the lines the expense for labor involved in removing the property.

AB207-engrossed, s. 33 Section 33. 182.017 (5) of the statutes is amended to read:

AB207-engrossed,39,12 182.017 (5) Tree trimming. Any such corporation company which shall in any manner destroy, trim or injure any shade or ornamental trees along any such lines or systems, or, in the course of tree trimming or removal, cause any damage to buildings, fences, crops, livestock or other property, except by the consent of the owner, or after the right so to do has been acquired, shall be liable to the person aggrieved in 3 times the actual damage sustained, besides costs.

AB207-engrossed, s. 34 Section 34. 182.017 (6) of the statutes is amended to read:

AB207-engrossed,39,17 182.017 (6) Municipal franchise required. No lighting or heating corporation or lighting or heating cooperative association shall have any right hereunder in any city, village or town municipality until it has obtained a franchise or written consent for the erection or installation of its lines from such city, village or town municipality.

AB207-engrossed, s. 35 Section 35. 182.017 (8) of the statutes is created to read:

AB207-engrossed,40,7 182.017 (8) Commission review. (a) Upon complaint by a company that a regulation by a municipality under sub. (1r) is unreasonable, the commission shall set a hearing and, if the commission finds that the regulation is unreasonable, the regulation shall be void. If the commission determines that a municipal regulation that was in effect on January 1, 2007, and immediately prior to the effective date of this subsection .... [revisor inserts date], or that a community standard, as demonstrated through consistent practice and custom in the municipality, that was in effect on January 1, 2007, and immediately prior to the effective date of this subsection .... [revisor inserts date], is substantially the same as the municipal regulation complained of, there is a rebuttable presumption that the latter regulation is reasonable. A municipal regulation is unreasonable if it has the effect of creating a moratorium on the placement of company lines or systems under sub. (1r) or on the entrance into the municipality of a video service provider, as defined in s. 66.0420 (2) (zg), or is inconsistent with the purposes of s. 66.0420.

AB207-engrossed,40,11 (b) A municipal regulation is unreasonable if it requires a company to pay more than the actual cost of functions undertaken by the municipality to manage company access to and use of municipal rights-of-way. These management functions include all of the following:

AB207-engrossed,40,13 1. Registering companies, including the gathering and recording of information necessary to conduct business with a company.

AB207-engrossed,40,16 2. Except as provided in provided in par. (c), issuing, processing, and verifying excavation or other company permit applications, including supplemental applications.

AB207-engrossed,40,17 3. Inspecting company job sites and restoration projects.

AB207-engrossed,40,19 4. Maintaining, supporting, protecting, or moving company equipment during work in municipal rights-of-way.

AB207-engrossed,40,21 5. Undertaking restoration work inadequately performed by a company after providing notice and the opportunity to correct the work.

AB207-engrossed,40,22 6. Revoking company permits.

AB207-engrossed,40,23 7. Maintenance of databases.

AB207-engrossed,40,25 8. Scheduling and coordinating highway, street, and right-of-way work relevant to a company permit.

AB207-engrossed,41,3 (c) A municipal regulation is unreasonable if it requires a company to be responsible for fees under s. 182.0175 (1m) (bm) that may be assessed to a municipality as a member of the one-call system under s. 182.0175.

AB207-engrossed,41,5 (d) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under par. (b) 1., 2., 3, and 7. through a preexcavation permit fee.

AB207-engrossed,41,8 (e) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under par. (b) 4., 5., and 6. only from the company that is responsible for causing the municipality to incur the costs.

AB207-engrossed, s. 36 Section 36. 182.017 (9) of the statutes is created to read:

AB207-engrossed,41,16 182.017 (9) Time limit for permits. If a municipality establishes a permit process under sub. (1r), the municipality shall approve or deny a permit application no later than 60 days after receipt of the application, and, if the municipality fails to do so, the municipality shall be considered to have approved the application and granted the permit. If a municipality denies a permit application, the municipality shall provide the applicant a written explanation of the reasons for the denial at the time that the municipality denies the application.

AB207-engrossed, s. 37 Section 37. 196.01 (1g) of the statutes is amended to read:

AB207-engrossed,42,2 196.01 (1g) "Basic local exchange service" means the provision to residential customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. "Basic local exchange service" includes extended community calling and extended area service. "Basic local exchange service" does not include additional access facilities or any discretionary or optional services that may be provided to a residential customer. "Basic local exchange service" does not include cable television service or services provided by a commercial mobile radio service provider.

AB207-engrossed, s. 38 Section 38. 196.01 (1p) of the statutes is repealed and recreated to read:

AB207-engrossed,42,4 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).

AB207-engrossed, s. 39 Section 39. 196.01 (9m) of the statutes is amended to read: